Job Description
I'm working as a fractional CFO (set up as an LLC) and one of my clients is looking to secure a Line of Credit. I'm NOT a registered/licensed broker-dealer and require legal advice on what services I can provide without breaching any laws and regulations. I am based in California, so this needs to be taken into account as well. Here's what I would like to do: - support client in putting together and optimizing lender documentation package (financial reports, returns, etc.) - analyze LOC terms / term sheets and advice client on whether terms are good / bad, as well as where he can push back - advice client on borrowing strategy (how much should we borrow, what is the impact on forward-looking financials) - advice client on communication strategy with lender during negotiation phase Here's what I know I CAN'T do: - charge a success based fee for my work on this - act as middleman between lender and client and negotiate on behalf of client In the context of this, can I please get your advice on what activities I can and can't perform? If I'm happy with your initial response, I'd require further support with drafting the engagement letter for this (additional payment). One additional point where I need your advice is the engagement structure. I'm looking to do the following: - we're currently gathering the initial document package - I'm supporting client by reviewing package and providing notes - Two options once the package is submitted: --- a) Lender says "ok, we'll continue the process" and I'll charge my client a flat fee of $3,000 for the full LOC process. This will not be contingent on successful closing. --- b) Lender says "sorry, but this will be a no-go" and I'll only charge my client $500 to compensate for my time reviewing documents. The idea behind this is to reduce my client's risk/exposure a little bit in case there is an immediate "no". My only concern is that this could be construed as an indirect success-based arrangement? (Although nothing is contingent on ultimate successful closing) Please provide your advice on this point, too. Apply tot his job